Six years jail for six years of abusing schoolboy cannot be said to be too severe, Court of Appeal holds

A six-year jail term for sexual abuse of a primary school pupil over approximately six years cannot be said to be too severe, according to the Court of Appeal.

Six years jail for six years of abusing schoolboy cannot be said to be too severe, Court of Appeal holds

A six-year jail term for sexual abuse of a primary school pupil over approximately six years cannot be said to be too severe, according to the Court of Appeal.

The 45-year-old man at the centre of the case, whose details cannot be published to protect the victim’s identity, pleaded guilty to sexual assault, indecent assault and one count of orally raping his nephew at two locations in Limerick between 1989 and 1996.

The Central Criminal Court heard that the victim suffered repeated abuse from the age of six to 12 while his uncle was aged between 16 and 23.

In an emotional victim impact statement, the man’s nephew said his first memory was of being taken by the hand to be abused. Later the man told his nephew that there was no point in telling his parents because they didn’t love him and wouldn’t care.

He said the abuse had haunted him and torn his family apart, while he watched the accused get on with his life.

“When I was being shunned by my entire family he was talking to the gardaí and going home and writing his wedding invitations. When I was popping anti-depressants, he was popping down the aisle.

"He’s a lying, sick, twisted, manipulative monster.”

The victim said he lost his entire family due to “lies, deceit, cover-ups and differences of opinion.”

He described how he got a text from his mother saying she was sad to hear what happened to him but “there were others to think of”. He said his brother initially supported him but changed his mind after speaking with their mother.

The man was sentenced to eight years imprisonment with the final two years suspended by Ms Justice Isobel Kennedy on October 27, 2015, which was upheld by the Court of Appeal today.

Giving judgment, President of the Court of Appeal Mr Justice George Birmingham said emphasis had been placed on the man’s very young age at the time the offending started and that he had lead an entirely unblemished record since the last offence was committed.

However, the court was unable to conclude that a six-year jail term for approximately six years of abuse of a primary school pupil fell outside the available range.

He said the offending involved a major breach of trust and it occurred over a very long duration. It “blighted” the victim’s primary school years.

Mr Justice Birmingham, who sat with Mr Justice John Edwards and Mr Justice Patrick McCarthy, dismissed the man’s appeal.

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